
Note: These alerts are the work products of ELI Professional Program member firms. ELI takes no responsibility for their content and does not endorse any views expressed therein. They are provided solely as a service to our members and the public, and do not constitute legal advice.
June 26, 2009
Baker & Hostetler LLP — The RCRA Definition of Solid Waste: The Tortuous History Continues. READ THE ALERT
June 25, 2009
Baker & Hostetler LLP — Congress and FTC Scrutinize Misleading “Green” Advertising Claims. READ THE ALERT
June 24, 2009
Farella Braun + Martel LLP — Supreme Court Establishes Boundaries Between Wetlands and Pollution Discharge Programs Under the Clean Water Act. READ THE ALERT
June 22, 2009
Paul, Hastings, Janofsky & Walker LLP — Recent Updates to the LEED Program. READ THE ALERT
June 17, 2009
Holland & Knight LLP — Alert to Industry: China Releases Draft of Amended New Chemical Notification Regulations. READ THE ALERT
June 15, 2009
Latham & Watkins LLP — American Clean Energy and Security Act of 2009: Update on the Waxman-Markey Climate Change and Clean Energy Legislation. READ THE ALERT
June 12, 2009
Baker & Hostetler LLP — Energy Tax Alert: Taking Stock of the New Industrial Policy on Energy. READ THE ALERT
June 12, 2009
Bergeson & Campbell, P.C. — New REACH Restriction Process Enters into Force. READ THE ALERT
June 10, 2009
Bergeson & Campbell, P.C. — EPA Issues Important Notices Relating to the Endocrine Disruptor Screening Program. READ THE ALERT
June 9, 2009
Latham & Watkins LLP — A Critical Period: Potential New Stormwater Requirements for Private Development and Public Works Projects in California. READ THE ALERT
June 8, 2009
Bergeson & Campbell, P.C. — Implementation Update of Global Harmonized Systems for the Classification and Labelling of Chemicals. READ THE ALERT
May 29, 2009
Holland & Knight LLP —
New Jersey Site Remediation Process to Change Significantly With Signing of New Law. READ THE ALERT
May 29, 2009
Robinson & Cole LLP — New York City Unveils Green Legislation Package. READ THE ALERT
May 27, 2009
Bergeson & Campbell, P.C. — EPA Updates IRIS Process. READ THE ALERT
May 27, 2009
Beveridge & Diamond, P.C. — Congress Considers Restrictions on E-Waste Exports. READ THE ALERT
May 27, 2009
Goodwin Procter LLP — Congress Considers Establishing Clean Energy Investment Agency. READ THE ALERT
May 22, 2009
Bergeson & Campbell, P.C. — Science and Technology Advice for Decision Makers: Congressional Briefing. READ THE ALERT
May 22, 2009
Beveridge & Diamond, P.C. — U.S. RoHS and Conflict Minerals Legislation Introduced in Congress. READ THE ALERT
May 22, 2009
Van Ness Feldman, P.C. — House Energy and Commerce Committee Reports Climate Change and Clean Energy Bill. READ THE ALERT
May 19, 2009
Holland & Knight LLP — Changing The Rules of the Game: The Anticipated Impact of the U.S. Supreme Court’s Burlington Northern Decision Upon Product Manufacturers, Brownfields Redevelopers and Lenders at Contaminated Sites. READ THE ALERT
May 18, 2009
Bergeson & Campbell, P.C. — Parties Add Chemicals to the Stockholm Convention; ICCM2 Ends with Agreement on Emerging Issues. READ THE ALERT
May 18, 2009
Goodwin Procter LLP — Supreme Court Endorses Apportionment of Liability and Clarifies Arranger Liability for Useful Products Under CERCLA. READ THE ALERT
May 18, 2009
Saul Ewing LLP — Biofuels and Pennsylvania. READ THE ALERT
May 14, 2009
Baker & Hostetler LLP — Supreme Court Clarifies Standard for Arranger Liability and Appears to Signal a Lower Threshold for Apportionment (“Divisibility”) of Liability Under CERCLA. READ THE ALERT
May 11, 2009
K&L Gates LLP — Déjà Vu All Over Again: Environmentalists Petition for Unprecedented Expansion of Requirements for Vessel Sewage Discharges. READ THE ALERT
May 8, 2009
Ballard Spahr Andrews & Ingersoll, LLP — Governor Corzine Signs Site Remediation Reform Act Into Law. READ THE ALERT
May 8, 2009
Beveridge & Diamond, P.C. — EPA Proposes New Renewable Fuel Standard Regulations Using Lifecycle Greenhouse Gas Analysis. READ THE ALERT
May 8, 2009
Beveridge & Diamond, P.C. — New York Assembly Bill Proposes Phase Out of Pesticides on State Property. READ THE ALERT
May 8, 2009
K&L Gates LLP — Reporting Rule and So Much More: Setting the Stage for Cap and Trade for U.S. and International Trading Transactions. READ THE ALERT
May 7, 2009
Bergeson & Campbell, P.C. — Court Affirms Labor Code Mechanism for Adding Chemicals to Proposition 65. READ THE ALERT
May 7, 2009
Bryan Cave LLP — Supreme Court Narrows Federal Superfund Liability. READ THE ALERT
May 7, 2009
Jones Day — Scaling Back Superfund: Supreme Court Narrows Scope of “Arranger” and Affirms “Divisibility” Defense to Joint and Several Liability. READ THE ALERT
May 7, 2009
K&L Gates LLP — U.S. Supreme Court Restores Measure of Balance and Reason to Apportionment of CERCLA Liability. READ THE ALERT
May 7, 2009
Paul, Hastings, Janofsky & Walker LLP — The Supreme Court’s Decision in Burlington: Arranger Liability Under CERCLA Has Limits; Apportionment Claims Do Not Require Precise Evidence. READ THE ALERT
May 6, 2009
Ballard Spahr Andrews & Ingersoll, LLP — EPA Regulatory Proposals Represent the First Steps of an Economy-Wide Program for Regulation of Greenhouse Gas Emissions. READ THE ALERT
May 5, 2009
Paul, Hastings, Janofsky & Walker LLP — Quartet of New Laws Proposed to Promote Green Buildings in New York City. READ THE ALERT
May 5, 2009
Sidley Austin LLP — NSR Permitting: EPA Seeks Remand of its own PSD Permit Issued to Desert Rock. READ THE ALERT
May 4, 2009
Ballard Spahr Andrews & Ingersoll, LLP — Supreme Court Endorses 'Divisibility' Defense at Superfund Sites. READ THE ALERT
April 30, 2009
Bergeson & Campbell, P.C. — PEN Report on Oversight of Next Generation Nanotechnology Recommends New Federal Agency. READ THE ALERT
April 29, 2009
Beveridge & Diamond, P.C. — Rules Finalized for Offshore Renewable Energy Projects. READ THE ALERT
April 29, 2009
Sidley Austin LLP — European Commission Launches Public Consultation on the Risks of Nanotechnology Nanotechnology Notice of Action. READ THE ALERT
April 28, 2009
Bergeson & Campbell, P.C. — EPA Proposes to Find That GHGs Endanger the Public Health. READ THE ALERT
April 27, 2009
Farella Braun + Martel LLP — California Continues to Lead Efforts to Control Climate Change by Adopting the First “Low Carbon Fuel Standard” in the United States. READ THE ALERT
April 27, 2009
Venable LLP — New Government Grants to Spur Green Technology Development. READ THE ALERT
April 24, 2009
K&L Gates LLP — EPA Seeks to Create Emission Control Areas to Limit Vessel Air Emissions Along Coastline of United States. READ THE ALERT
April 23, 2009
Goodwin Procter LLP — EPA Issues Proposed Endangerment Finding for Greenhouse Gas Emissions Under the Clean Air Act. READ THE ALERT
April 22, 2009
Farella Braun + Martel LLP — The Long and Winding Road: EPA Moves Closer to Regulating Greenhouse Gas Emissions Under the Clean Air Act. READ THE ALERT
April 22, 2009
Latham & Watkins LLP — Key Provisions of the Waxman-Markey Climate Change and Clean Energy Legislation Discussion Draft. READ THE ALERT
April 22, 2009
Paul, Hastings, Janofsky & Walker LLP — Proposed EPA Rule Would Lay Foundation for Federal Cap-and-Trade System. READ THE ALERT
April 21, 2009
Baker & Hostetler LLP — House Introduces Bill to Protect Workers from Dust Explosions and Fires. READ THE ALERT
April 20, 2009
Farella Braun + Martel LLP — OPR Sends Proposed CEQA Guideline Amendments to Resources Agency. READ THE ALERT
April 20, 2009
K&L Gates LLP — Winds Change for the Maritime Industry with New Climate Change Legislation. READ THE ALERT
April 20, 2009
Van Ness Feldman, P.C. — EPA Issues Proposed "Endangerment Finding," A Precursor to Greenhouse Gas Regulation Under the Clean Air Act. READ THE ALERT
April 17, 2009
Beveridge & Diamond, P.C. — Bisphenol A Ban Proposals Proliferate. READ THE ALERT
April 17, 2009
Beveridge & Diamond, P.C. — The Road Ahead for FDA: Changes in Leadership and Challenges. READ THE ALERT
April 17, 2009
Holland & Knight LLP — EPA Publishes Proposed Rule on Reporting of GHG Emissions and Conducts California Hearing. READ THE ALERT
April 17, 2009
Latham & Watkins LLP — EPA Finds that Greenhouse Gas Emissions from Motor Vehicles Endanger Public Health and Welfare. READ THE ALERT
April 16, 2009
Bergeson & Campbell, P.C. — EPA Intends to Increase Pace of ChAMP Activities. READ THE ALERT
April 14, 2009
Jones Day — EPA’s Expected Endangerment Finding for Greenhouse Gas Emissions: The Implications. READ THE ALERT
April 14, 2009
Jones Day — A Significant Step Toward Comprehensive Climate Change and Clean Energy Legislation: The Draft American Clean Energy and Security Act of 2009. READ THE ALERT
April 10, 2009
Ballard Spahr Andrews & Ingersoll, LLP — N.J. Bill Designed To Ease Backlog of Contaminated-Site Cleanups. READ THE ALERT
April 10, 2009
Holland & Knight LLP — EPA Proposes Emission Control Areas Along U.S. Coastlines. READ THE ALERT
April 10, 2009
Bergeson & Campbell, P.C. — FDA Announces Action on Reclassification of Certain Medical Devices. READ THE ALERT
April 9, 2009
K&L Gates LLP — New Compensation Rates Guaranteed for Green Energy Producers in Germany. READ THE ALERT
April 6, 2009
Beveridge & Diamond, P.C. — OSHA to Launch National Emphasis Program on Injury and Illness Recordkeeping. READ THE ALERT
April 6, 2009
Beveridge & Diamond, P.C. — RMP Inspection Strategy Impacted in EPA Region 8. READ THE ALERT
April 3, 2009
K&L Gates LLP — U.S. Supreme Court Upholds Use of Cost-Benefit Analysis in Clean Water Act Rulemaking. READ THE ALERT
April 3, 2009
Van Ness Feldman, P.C. — Chairmen Waxman and Markey Release Draft Climate Change and Clean Energy Legislation. READ THE ALERT
April 3, 2009
Van Ness Feldman, P.C. — Supreme Court Finds EPA Permissibly Relied on Cost-Benefit Analyses in Its Phase II Cooling Water Intake Rule. READ THE ALERT
April 2, 2009
Holland & Knight LLP — U.S. Supreme Court Rules Cost-Benefit Analysis Permitted Under the Clean Water Act – But Will it Matter in California? READ THE ALERT
April 2, 2009
Willkie Farr & Gallagher LLP — EPA To Require Reporting of Greenhouse Gas Emissions. READ THE ALERT
March 26, 2009
Beveridge & Diamond, P.C. — RMP Inspections Likely to Increase and Become More Targeted Due to OIG Critique. READ THE ALERT
March 26, 2009
Venable LLP — EPA Proposes Greenhouse Gas Reporting Rule and Seeks Assistance on Protocols. READ THE ALERT
March 23, 2009
K&L Gates LLP — REACH Update. READ THE ALERT
March 19, 2009
Goodwin Procter LLP — EPA Proposal Mandates Greenhouse Gas Reporting. READ THE ALERT
March 18, 2009
Sidley Austin LLP — Four Major Recent EU Environmental Law Developments Not Focused on Climate Change EU. READ THE ALERT
March 16, 2009
Sidley Austin LLP — EPA Proposes First National Reporting Requirements for Greenhouse Gas Emissions. READ THE ALERT
March 13, 2009
Beveridge & Diamond, P.C. — Mercury in the News: Recent Developments. READ THE ALERT
March 13, 2009
Latham & Watkins LLP — Pay Me Now Or Pay Me Later: Superfund Financial Assurance Is On Its Way. READ THE ALERT
March 12, 2009
Latham & Watkins LLP — EPA Announces Proposed Mandatory Greenhouse Gas Reporting Program to Apply to Nearly All Sectors of the US Economy. READ THE ALERT
March 9, 2009
Beveridge & Diamond, P.C. — Eighth Circuit Upholds OSHA’s Multi-Employer Citation Policy in Summit Contractors. READ THE ALERT
March 9, 2009
Bingham McCutchen LLP — Supreme Court Tightens Standing Requirement. READ THE ALERT
March 5, 2009
Beveridge & Diamond, P.C. — Supreme Court Toughens Standing Requirements for Environmental Plaintiffs. READ THE ALERT
March 4, 2009
Latham & Watkins LLP — American Recovery and Reinvestment Act of 2009—Land Use Implications for Cleantech Projects. READ THE ALERT
March 3, 2009
Beveridge & Diamond, P.C. — First TSCA Reform Congressional Hearing of 2009 Held February 26. READ THE ALERT
February 26, 2009
Beveridge & Diamond, P.C. — UNEP Governing Council Launches Binding Mercury Treaty Negotiations. READ THE ALERT
February 26, 2009
Saul Ewing LLP — Court limits – But did it preclude? – municipal regulation of natural gas drilling operations. READ THE ALERT
February 24, 2009
Saul Ewing LLP — Pennsylvania Supreme Court decision opens valves to zoning power over natural gas production. READ THE ALERT
February 23, 2009
Latham & Watkins LLP — Expediting the Deployment Of Renewable Energy Projects in California. READ THE ALERT
February 23, 2009
Saul Ewing LLP — Pennsylvania Mercury Emissions Rule invalidated. READ THE ALERT
February 19, 2009
Latham & Watkins LLP — USEXIM and OPIC Agree to Consider More Climate Change Issues and to Tighter NEPA Requirements in their Financings. READ THE ALERT
February 18, 2009
Bergeson & Campbell, P.C. — REACH Data Waiver Requirements and SIEF Clarification Published. READ THE ALERT
February 17, 2009
Latham & Watkins LLP — Are You Set for the TSCA Reset? READ THE ALERT
February 16, 2009
Ballard Spahr Andrews & Ingersoll, LLP — Is The Future Finally Green? Congress Supports President Obama’s Vision For an Energy Revolution. READ THE ALERT
February 16, 2009
Saul Ewing LLP — NJ Spill Act ruled retroactive for NRD claims but attorneys’ fees not recoverable. READ THE ALERT
February 13, 2009
Bergeson & Campbell, P.C. — CPSC Issues Draft Guidance on Scope of CPSIA Section 108. READ THE ALERT
February 12, 2009
Saul Ewing LLP — Municipal regulation of natural gas exploration in Pennsylvania. READ THE ALERT
February 10, 2009
Holland & Knight LLP — The Second Circuit Rejects Challenge to Vicarious Corporate Criminal Liability for Actions of Non-Management Employees in Connection With Oil Discharge. READ THE ALERT
February 10, 2009
Paul, Hastings, Janofsky & Walker LLP — California Issues Draft CEQA Guidelines for Greenhouse Gas Emissions. READ THE ALERT
February 10, 2009
Saul Ewing LLP — New guidelines released for Pennsylvania Renewable Energy Program Geothermal and Wind Projects. READ THE ALERT
February 9, 2009
Latham & Watkins LLP — EPA Responds to In re: Deseret Power Electric Cooperative Opinion; Says Carbon Dioxide Emissions are Not a Consideration for PSD Permit Decisions. READ THE ALERT
February 5, 2009
Bergeson & Campbell, P.C. — Court Rules February 2009 CPSIA Deadline Applies to Existing Product Inventory. READ THE ALERT
February 3, 2009
Arnold & Porter LLP — When Do You Need a Clean Water Act Permit? EPA and the Army Corps Issue New Guidance. READ THE ALERT
January, 28, 2009
Sidley Austin LLP — The EU Approves Climate Change Legislation but Key Negotiations Still Ahead. READ THE ALERT
January 27, 2009
Arnold & Porter LLP — Agencies Issue Draft Guidelines for Importers. READ THE ALERT
January 26, 2009
Baker & Hostetler LLP — California Continues Green Chemistry Initiatives. READ THE ALERT
January 26, 2009
Bergeson & Campbell, P.C. — GAO Designates Toxic Chemicals as New High-Risk Area. READ THE ALERT
January 23, 2009
Bergeson & Campbell, P.C. — Jackson Outlines Priorities for EPA. READ THE ALERT
January 22, 2009
Saul Ewing LLP — First major “green building” lawsuit illustrates importance of clear construction agreement. READ THE ALERT
January 21, 2009
Farella Braun + Martel LLP — New California Court of Appeal Case Supports Policyholder Argument Regarding “Stacking” of Consecutive Policy Limits. READ THE ALERT
January 21, 2009
Farella Braun + Martel LLP — OPR Releases Draft Amendments to CEQA Guidelines to Incorporate Consideration of Greenhouse Gas Emissions. READ THE ALERT
January 16, 2009
Van Ness Feldman, P.C. — Energy Provisions Prominent in House Stimulus Legislation. READ THE ALERT
January 15, 2009
Bingham McCutchen LLP — Significant 2008 Land Use Legislation in California. READ THE ALERT
January 14, 2009
Venable LLP — New Vessel General Permit Means New Record-Keeping Headaches for Industry. READ THE ALERT
January 13, 2009
Saul Ewing LLP — Appeals Court decision raises issues for pesticide application affecting waters. READ THE ALERT
January 9, 2009
K&L Gates LLP — EPA Issues Final Clean Water Act Permit for Incidental Discharges From Vessels. READ THE ALERT
January 8, 2009
Beveridge & Diamond, P.C. — Sixth Circuit Vacates EPA’s Clean Water Act NPDES Permit Exemption for FIFRA-Compliant Pesticide Applications. READ THE ALERT
January 7, 2009
Holland & Knight LLP — Bush Administration Leaves Its Mark on the Endangered Species Act With Significant Amendments to the Consultation Regulations. READ THE ALERT
January 7, 2009
Holland & Knight LLP — California Air Resources Board, South Coast Air Quality Management District and San Diego County Release Recommendations for Setting Interim Significance Thresholds for Greenhouse Gases Under CEQA. READ THE ALERT
January 7, 2009
Holland & Knight LLP — The Polar Bear Listing and Its Ramifications: Can the “Butterfly Effect” * Impose the Endangered Species Act on Federal Authorization of Greenhouse Gas Emissions? READ THE ALERT
January 7, 2009
Holland & Knight LLP — A Review of Climate Change Decisions in California Trial Courts. READ THE ALERT
January 6, 2009
Bergeson & Campbell, P.C. — 2009 Outlook for Chemicals and Pesticides. READ THE ALERT
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